Memo

TITLE OF BILL: An act to amend the education law, in relation to meetings of councils of state-operated institutions

SUMMARY OF PROVISIONS: This bill amends section 356 of the education law, which provides for councils of state-operated colleges and universities.

Subsection one of the bill amends the law to establish that council members who do not attend and have not been excused from three of the four meetings as required by this section shall no longer serve as members of the council and shall notify the governor in writing of such vacancy.

Subsection 2-a is added to require that one of the four regular meetings be conducted during the fail semester at which time the president of the campus shall report on the state of the college.

Subsection 4 adds a provision stating that each council may establish subcommittees which would assist the council with duties outlined in subsection 3 of this bill.

JUSTIFICATION: Under section 356 of the education law each of the state-operated institutions is supervised locally by a college council consistent with the rules established by the SUNY Board of Trustees.

The college councils provide local oversight of the institutions operation. They are responsible to review and make recommendations regarding changes in institutional plans, regulations regarding the care and management of buildings and the conduct of students. This legislation is intended to encourage members to take a more structured and active role in the general operation and governance of the respective college campuses. Many of the college council members bring varied experiences and resources to the college and can provide insight and guidance from a local and regional perspective. This legislation supports the expansion of those efforts and provide a structure to encourage members to use their expertise and management to the betterment of the college.

Text

STATE OF NEW YORK
________________________________________________________________________
1555
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to meetings of councils
of state-operated institutions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 356 of the education law, as amended by chapter 552
of the laws of 1985, is amended to read as follows:
S 356. Councils of state-operated institutions; powers and duties. 1.
Subject to the general management, supervision and control of and in
accordance with rules established by the state university trustees, the
operations and affairs of each state-operated institution of the state
university shall be supervised locally by a council consisting of ten
members, nine of whom shall be appointed by the governor and one of whom
shall be elected by and from among the students of the institution. Such
voting members shall be subject to every provision of any general,
special or local law, ordinance, charter, code, rule or regulation
applying to the voting members of such board with respect to the
discharge of their duties including, but not limited to, those
provisions setting forth codes of ethics, disclosure requirements and
prohibiting business and professional activities. The election of the
student member shall be conducted in accordance with rules and regu-
lations promulgated by the respective representative campus student
association in accordance with guidelines established by the state
university trustees. One member shall be designated by the governor as
chairman. Where an undergraduate state-operated institution of the state
university is located adjacent to another institution of higher educa-
tion and students of such undergraduate state-operated institution are,
under arrangements made by the state university, taking a substantial
portion of their courses at such other institution, the president or

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06167-01-3

S. 1555 2

other head of such other institution shall be an ex-officio member of
the council for such undergraduate state-operated institution. Initial
appointments, other than the student member and ex-officio members,
shall be for terms expiring July first, nineteen hundred fifty-four,
July first, nineteen hundred fifty-five, July first, nineteen hundred
fifty-six, July first, nineteen hundred fifty-seven, July first, nine-
teen hundred fifty-eight, July first, nineteen hundred fifty-nine, July
first, nineteen hundred sixty, July first, nineteen hundred sixty-one
and, where there is no ex-officio member, July first, nineteen hundred
sixty-two, respectively, and subsequent appointments, other than the
student member, shall be for a full term of nine years from the first
day of July of the calendar year in which the appointment is made. A
MEMBER OF THE COUNCIL APPOINTED BY THE GOVERNOR WHO HAS THREE OR MORE
ABSENCES FROM THE REGULAR MEETINGS HELD ANNUALLY AND DESCRIBED IN SUBDI-
VISION TWO OF THIS SECTION, WHICH HAVE NOT BEEN EXCUSED BY THE CHAIR,
SHALL BE CONSIDERED TO HAVE VACATED HIS OR HER MEMBERSHIP. WHEN APPLICA-
BLE, THE CHAIR SHALL NOTIFY THE GOVERNOR, IN WRITING, OF SUCH VACANCY.
Vacancies shall be filled for the unexpired term in the same manner as
original selections. The term of office for each council member
appointed on or after April first, nineteen hundred eighty-six shall be
seven years. The term of office for the student member shall be one year
commencing July first of the calendar year in which the election is
conducted, provided, however, that the term of the student member first
elected shall be nine months commencing October first, nineteen hundred
seventy-five and expiring June thirtieth, nineteen hundred seventy-six.
In the event that the student member ceases to be a student at the
institution, such member shall be required to resign. Members of such
councils appointed by the governor may be removed by the governor.
Members of such councils elected by the students of the institution may
be removed by such students in accordance with rules and regulations
promulgated by the respective representative campus student association
in accordance with guidelines promulgated by the state university trus-
tees. Members of such councils shall receive no compensation for their
services but shall be reimbursed for the expenses actually and necessar-
ily incurred by them in the performance of their duties hereunder.
2. The councils of state-operated institutions shall provide for regu-
lar meetings at least four times annually, and the chair, or any five
members by petition, may at any time call a special meeting of the coun-
cil and fix the time and place therefor. At least seven days notice of
every meeting shall be mailed to the usual address of each member,
unless such notice be waived by a majority of the council. Resolutions
for the consideration of the councils must be mailed to the usual
address of each council member no less than seven days prior to a meet-
ing, unless the chair shall make available in writing on the day of the
meeting the facts which necessitate an immediate vote. The agenda for
such meetings shall be available three days prior to the meetings and
shall be considered public records. Five members attending shall consti-
tute a quorum for the transaction of business and the act of a majority
of the members present at any meeting shall be the act of the council.
2-A. AT LEAST ONE OF THE FOUR REGULAR MEETINGS SET FORTH IN SUBDIVI-
SION TWO OF THIS SECTION SHALL BE CONDUCTED ON THE COLLEGE CAMPUS DURING
THE FALL SEMESTER. DURING SUCH MEETING THE PRESIDENT OF THE COLLEGE
SHALL REPORT TO THE COUNCIL ON THE STATE OF THE COLLEGE.
3. Subject to the general management, supervision, control and
approval of, and in accordance with rules established by the state
university trustees, the council of each state-operated institution

S. 1555 3

shall, with respect to the institution or institutions for which it
serves, exercise the following powers:
a. recommend to the state university trustees candidates for appoint-
ment by the state university trustees as head of such institution;
b. review all major plans of the head of such institution for its more
effective operation and make such recommendations with respect thereto
as it deems appropriate. Such plans shall be submitted for approval by
the state university trustees, together with the recommendations of the
council with respect thereto. The state university trustees shall deter-
mine what constitute such major plans, which are hereby generally
defined to include, among others, plans for the appraisal or improvement
of the faculty and other personnel, expansion or restriction of student
admissions, appraisal or improvement of academic programs and of stand-
ards for the earning of degrees, expansion of institutional plants and
appraisal or improvement of student activities and housing;
c. make regulations governing the care, custody and management of
lands, grounds, buildings and equipment;
d. review the proposed budget requests for such institution prepared
by the head thereof and recommend to the state university trustees a
budget for such institution;
e. foster the development of advisory citizens committees to render
such assistance as the council may request, and to appoint the members
of such citizens' committees. Members of such citizens' committees shall
receive no compensation for their services but shall be reimbursed for
the expenses actually and necessarily incurred by them in the perform-
ance of their duties;
f. name buildings and grounds;
g. make regulations governing the conduct and behavior of students;
h. prescribe for and exercise supervision over student housing and
safety;
i. make an annual report to the state university trustees on or before
September first of each year, and report to them from time to time on
any matter it believes requires their attention;
j. perform such other powers and duties as may be authorized or
required by the state university trustees by general rules or special
directives; and
k. make and establish, and from time to time alter and amend, such
regulations pertaining to the affairs of its institution, not inconsist-
ent with law or the rules of the state university trustees, as may be
necessary or appropriate to carry out effectively the foregoing powers
and duties.
4. SUBJECT TO THE RULES AND REGULATIONS ESTABLISHED BY THE BOARD OF
TRUSTEES, THE CHAIR OF EACH COLLEGE COUNCIL MAY ESTABLISH SUBCOMMITTEES
TO ASSIST IN CARRYING OUT THE DUTIES OF THE COUNCIL PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION.
S 2. This act shall take effect immediately.

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